Terms of Service

1. About these terms

These Terms of Service ("Terms") govern access to and use of the Fairsort website, application, APIs and related services (the "Service"). The Service is provided by Fairsort Ltd ("Fairsort", "we", "us" or "our").

Fairsort Ltd is a company registered in England and Wales with company number 16673168 and registered office at 20 Wenlock Road, London, N1 7GU, England.

By creating an account, accessing the Service or using the Service on behalf of an organisation, you agree to these Terms. If you use the Service for an organisation, you represent that you have authority to bind that organisation. In these Terms, "Customer" means the organisation that uses or pays for the Service, and "User" means an individual authorised by a Customer to use the Service.

For privacy questions, contact privacy@fairsort.ai. Legal notices under these Terms may also be sent to that address.

2. The Service

Fairsort provides recruitment workflow software that helps Customers process CVs or resumes and job information, review applications against job requirements and manage related workflow activity.

The Service may include account, workspace and user management; document upload, storage, conversion and parsing; CV, resume and job-document processing; skills, experience and requirement extraction; evidence summaries; Overall match; customer-configured fit groups; possible manipulation warnings; Candidate Briefs; semantic search; connected mailbox or third-party integration workflows; usage limits; billing and plan management; APIs; dashboards; and operational tooling.

Fairsort may update, improve or modify the Service from time to time. If a change materially reduces the core functionality of a paid subscription during its current billing period, we will provide reasonable notice or an appropriate remedy where required.

3. Accounts and authorised users

Customers are responsible for ensuring that only authorised Users access the Service, keeping account and authentication credentials secure, maintaining accurate account, billing and contact information, configuring workspace access, roles and permissions appropriately, and activity under their accounts except to the extent caused by Fairsort's breach of these Terms.

Users must not share credentials or attempt to bypass authentication, authorisation, product limits, eligibility rules, security controls or billing controls.

4. Customer data

"Customer Data" means data, documents, text, files, emails, mailbox content, candidate information, job information, configuration, outputs and other material submitted to, generated in or processed through the Service for a Customer.

As between Customer and Fairsort, Customer owns Customer Data. Customer grants Fairsort the limited rights needed to host, process, transmit, store, analyse, generate outputs from and display Customer Data to provide, secure and support the Service, comply with applicable law and perform these Terms. Any use to improve the Service remains subject to the Privacy Policy, any applicable data-processing agreement and applicable law.

Customer is responsible for the accuracy, quality, legality and appropriateness of Customer Data, including ensuring that it has the rights, notices, consents, lawful bases and permissions needed to upload or connect Customer Data to the Service.

5. Recruitment data and candidate information

Customers are responsible for their recruitment processes and hiring decisions. This includes providing required privacy information to candidates and applicants; establishing a lawful basis for processing candidate data; handling candidate rights requests where Customer is the controller; ensuring that recruitment decisions comply with employment, equality, anti-discrimination, data-protection and other applicable laws; reviewing Fairsort outputs before relying on them; and ensuring appropriate human oversight.

Fairsort does not automatically reject, advance or make hiring decisions about candidates. Overall match and fit groups help Customers decide where to begin their own review. Candidate Briefs support closer review and do not rank candidates or decide who should progress. A possible manipulation warning is a prompt for human review, not a finding of dishonesty or intent, and it does not automatically change a candidate's fit group.

Fairsort does not guarantee that any candidate information, score, match, grouping, summary, evidence item, warning, evaluation or recommendation is complete, unbiased, error-free or suitable for a particular hiring decision.

6. AI-assisted outputs

The Service may use automated processing, machine learning, AI models, semantic search and other algorithmic tools to process Customer Data and generate outputs. Outputs may include extracted profile data, skills, experience evidence, job requirements, summaries, Candidate Briefs, scores, matches, customer-configured fit groups, classifications, evidence snippets, possible manipulation warnings or workflow indicators.

Possible manipulation warnings may identify hidden or obscured text, instructions apparently aimed at an automated system, conflicting content or other unusual document features. These signals can be incomplete or mistaken and must be checked by a person against the underlying application material.

AI-assisted outputs can be inaccurate, incomplete, outdated, biased or unsuitable for a specific context. Customer must independently review the underlying CV or resume and supporting evidence and must not use Fairsort as the sole basis for employment, hiring, rejection, compensation, legal, medical, financial or similarly significant decisions.

Customer is responsible for evaluating whether use of the Service is appropriate for its intended recruitment workflow and for implementing suitable human review, audit and governance controls.

7. Connected mailboxes and third-party integrations

If Customer connects Microsoft 365, Google Workspace or another third-party integration, Customer authorises Fairsort to access and process the connected account, messages, attachments, metadata and related information to provide the configured workflow.

Customer is responsible for having the right to connect the mailbox or integration, configuring permissions appropriately, ensuring that connected data may lawfully be processed through the Service, complying with the third-party provider's terms, and disconnecting integrations when access is no longer required.

Third-party services are not controlled by Fairsort. We are not responsible for third-party service availability, changes, security incidents, terms, data handling or performance except to the extent required by law or expressly agreed in writing.

8. Acceptable use

Customer and Users must not use the Service unlawfully or in a way that infringes the rights of others; upload malicious code, malware, unlawful content or content they do not have rights to process; attempt to gain unauthorised access to the Service, another workspace, another account or Fairsort systems; probe, scan, overload, disrupt, reverse engineer or compromise the Service; bypass usage limits, eligibility rules, security controls, access controls or billing controls; use the Service to build or train a competing product except as expressly permitted by Fairsort; use the Service for high-risk decisions without appropriate human review and legal compliance controls; submit special category, criminal-offence or highly sensitive data unless Customer has a lawful basis and the Service configuration and Customer agreement permit that processing; or use outputs to discriminate unlawfully or make decisions prohibited by applicable law.

We may suspend access where we reasonably believe there is a security risk, unlawful use, material breach, non-payment or risk of harm to Fairsort, the Service, another customer, a candidate, a third-party provider or the public.

9. PAYG, Pilot, subscriptions and Packs

Fees, allowances, product limits, eligibility rules, billing periods and payment terms are shown in the applicable pricing page, invitation, order form, checkout flow, invoice or written agreement. If those documents conflict with these Terms on a product-specific commercial detail, the more specific document applies to that detail.

Pay As You Go ("PAYG") has no recurring monthly subscription fee. Its introductory allowance is granted once to the relevant workspace and does not reset. When that allowance has been used, Customer may need to buy an eligible Pack, move to a paid subscription or stop starting work that requires further allowance.

Pilot access is provided for the period stated in the invitation, currently 90 days from redemption. It does not require payment details and does not create a subscription. When Pilot ends, the account moves to PAYG unless Customer has chosen an applicable paid plan. Existing Customer Data is not deleted merely because Pilot ends, although PAYG limits may restrict new work when existing usage already exceeds those limits.

Paid subscriptions recur for the billing period shown at checkout or in the applicable order. Subscription allowances apply to each billing period and reset at the next billing period. Subscriptions renew automatically unless cancelled or changed in accordance with the Service or applicable order terms.

Packs are one-off purchases that add the allowance stated at checkout to the eligible workspace. A Pack does not create a subscription or change Customer's underlying plan. Pack availability and eligibility depend on the Customer's current plan and purchase history and are enforced by the Service. A Single Job Pack may add a job and AI credits and may change the PAYG CV or resume limit as described at purchase. An AI Credit Pack adds the stated number of AI credits. Any Pack expiry or other special use condition must be stated in the applicable checkout, order or written offer; these Terms do not create a separate expiry promise.

Allowances, credits, jobs, Candidate Briefs and other product capacity have no cash value, are not transferable between customers or workspaces, and cannot be redeemed for cash. Deleting material or cancelling work does not restore consumed allowance unless the Service expressly states otherwise.

Prices shown on the public website are gross prices and include any VAT that applies. Any different tax treatment for a bespoke order or written agreement will be stated expressly in that document. Payment is processed by our payment provider. Unpaid fees may result in suspension or termination after reasonable notice.

Except where required by law or expressly agreed by Fairsort in writing, paid subscription and Pack fees are non-refundable. Completed Pack purchases are final and Fairsort does not provide a routine cancellation, reversal or change-of-mind refund process for them. The Service's technical ability to record a payment reversal does not give Customer a right to request or receive one.

If Fairsort or its payment provider exceptionally records a full refund, dispute or chargeback, Fairsort may revoke the associated unused allowance for new work. Work already completed and allowance already consumed are not reversed, active work that already reserved allowance may finish, and the reversal does not create a negative allowance balance. Partial refunds may require manual support handling.

We may change prices or future allowances. Changes to a paid subscription normally apply from a later renewal or other stated effective date, with reasonable notice where required. A price change does not alter a completed Pack purchase.

10. Confidentiality

Each party may receive confidential information from the other party. The receiving party must protect confidential information using reasonable care and may use it only to perform or receive the Service or exercise rights under these Terms.

Confidential information does not include information that is public, already known without confidentiality restriction, independently developed, or lawfully received from a third party without confidentiality restriction.

A party may disclose confidential information where required by law, provided it gives reasonable notice where legally permitted.

11. Privacy and data protection

Fairsort processes personal data as described in its Privacy Policy and any applicable data-processing agreement.

Where Fairsort processes personal data on behalf of Customer, Customer is the controller and Fairsort is the processor unless otherwise agreed in writing. Customer instructs Fairsort to process that personal data to provide, secure and support the Service, comply with applicable law and perform these Terms.

Customer must ensure that it has all required notices, lawful bases, consents, permissions and authority for Fairsort and its subprocessors to process Customer Data.

12. Security

Fairsort will maintain reasonable technical and organisational measures designed to protect Customer Data against unauthorised access, loss, misuse and alteration.

Customer remains responsible for securely administering its workspace, Users, roles, permissions, connected accounts, devices, credentials and exports from the Service.

Customer must promptly notify Fairsort of suspected unauthorised access, credential compromise or security issues affecting the Service.

13. Intellectual property

Fairsort and its licensors own all rights in the Service, including software, workflows, models, interfaces, designs, documentation, know-how, templates and other technology. Except for the access rights expressly granted in these Terms, no rights are transferred to Customer.

Customer owns Customer Data. Subject to confidentiality and data-protection obligations, Customer grants Fairsort the rights described in section 4.

Customer may provide feedback, suggestions or ideas. Fairsort may use feedback without restriction or obligation, provided it does not disclose Customer confidential information in doing so.

14. Service availability and support

We aim to provide a reliable Service, but the Service may be unavailable because of maintenance, updates, incidents, third-party provider issues, network failures or events outside our reasonable control.

Support commitments, service levels, maintenance windows and incident processes are as stated in the applicable order form or support policy. If no separate support terms apply, in-app support is provided on a reasonable-efforts basis.

15. Pilot, beta and preview features

We may offer Pilot, beta, preview or experimental features. These features may be changed, suspended or discontinued and may be less reliable or less complete than generally available features.

Pilot, beta, preview and experimental features are provided "as is" to the maximum extent permitted by law. Product-specific Pilot duration and transition terms are set out in section 9 and the applicable invitation.

16. Disclaimers

The Service is provided with reasonable skill and care. Except as expressly stated in these Terms or required by law, we do not warrant that the Service will be uninterrupted, error-free or always available; Customer Data or outputs will be accurate, complete or suitable for a particular purpose; AI-assisted outputs or manipulation warnings will be free from bias, omission, false positives, hallucination or error; the Service will meet every legal, regulatory, recruitment or compliance requirement of Customer; or third-party integrations or providers will remain available or unchanged.

Customer is responsible for determining whether the Service and its outputs are appropriate for Customer's intended use.

17. Liability

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

Subject to the paragraph above, Fairsort will not be liable for indirect, consequential, special, incidental or punitive damages, loss of profits, loss of revenue, loss of goodwill, loss of anticipated savings, business interruption, or loss or corruption of data, whether in contract, tort, negligence, breach of statutory duty or otherwise.

Subject to the first paragraph of this section, Fairsort's total aggregate liability arising out of or relating to the Service or these Terms will not exceed the fees paid or payable by Customer in the 12 months before the event giving rise to liability.

18. Indemnity

Customer will defend and indemnify Fairsort against claims, losses, damages, liabilities, costs and expenses arising from Customer Data, Customer's recruitment decisions or employment practices, Customer's breach of these Terms, Customer's unlawful use of the Service, Customer's failure to provide required privacy notices, lawful bases, consents or permissions, or Customer's use of third-party integrations in breach of applicable terms or law.

19. Suspension, plan changes and termination

Customer may change or cancel a paid subscription through the available account controls or as stated in the applicable order or written agreement. Unless an immediate change is expressly offered, a downgrade or cancellation takes effect at the end of the current paid billing period. Cancelling a paid subscription normally moves the account to PAYG at that boundary; it does not by itself close the Fairsort account or delete Customer Data.

Account closure is separate from subscription cancellation. Customer may request account closure through the available account controls. Closure of a non-subscription account may take effect after confirmation; closure of a paid account normally takes effect when the paid period ends unless another arrangement applies.

We may suspend or terminate access immediately if Customer materially breaches these Terms; fails to pay fees when due after reasonable notice; continued access creates a security, legal, operational or third-party-provider risk; we are required to do so by law or a third-party provider; or Customer becomes insolvent or ceases business.

When an account closes, Customer's right to use the Service ends and unused allowances or Pack capacity cease to be available. Customer should export Customer Data before closure where export functionality is available. We may delete, return or retain Customer Data according to the applicable agreement, data-processing agreement, Privacy Policy, retention schedule and legal obligations. Amounts already due remain payable.

20. Changes to these Terms

We may update these Terms from time to time. If changes are material, we will take reasonable steps to notify Customers. Updated Terms apply from the effective date and version shown with the updated document unless a separate written agreement says otherwise.

Continued use of the Service after updated Terms take effect constitutes acceptance where permitted by law. We may ask Users to accept an updated version expressly where appropriate.

21. Notices

Notices to Fairsort must be sent to privacy@fairsort.ai. Privacy notices or requests may be sent to the same address.

We may send notices to Customer through the Service, by email to account contacts or by other reasonable means.

22. Assignment

Customer may not assign or transfer these Terms without Fairsort's prior written consent, except to an affiliate or successor in connection with a merger, reorganisation or sale of substantially all assets, provided that the assignee agrees to these Terms.

Fairsort may assign these Terms to an affiliate or successor in connection with a merger, reorganisation, financing, corporate transaction or sale of substantially all assets.

23. Governing law and jurisdiction

These Terms are governed by the laws of England and Wales.

The courts of England and Wales have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Service, except that either party may seek urgent injunctive or equitable relief in any court of competent jurisdiction.

24. General

These Terms, together with any applicable order form, data-processing agreement, Privacy Policy and referenced policies, form the entire agreement between the parties for the Service.

If any provision is unenforceable, the remaining provisions remain in effect. Failure to enforce a provision is not a waiver. Neither party is liable for delay or failure caused by events outside its reasonable control.